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48 Cards in this Set
- Front
- Back
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The 3 entities capable of imposing discipline are |
Criminal courts civil courts and administrative agencies |
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The civil penalty imposed for the unlicensed practice of real estate is a minimum of __ and a maximum of___ |
A minimum of $500 a maximum of $5000 |
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Criminal penalties imposed for violation of FS 475 are |
1st or 2nd degree misdemeanor or 3rd degree felony |
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The only action that classifies as a first degree misdemeanor is |
Violating the requirements concerning rental list information and contracts |
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2nd degree misdemeanors are punishable by a fine of up to ___ and imprisonment for |
$500 upto 60 days |
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2 examples of 2nd degree misdemeanors are |
False or misleading advertising and any sales associate who collects money outside of the employer's name or direction of employer |
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3rd degree felonies are |
Acting as a broker or sales associate, Knowingly giving false or misleading information in the course of applying for a license and stealing or reproducing an examination |
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The commission can Impose the following |
Administrative penalties investigations and hearings |
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Licenses found guilty of a first offense can receive administrative fines of |
$1000 to $2500 & 30 day suspension |
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Licenses found guilty of subsequent offenses can be fined |
$2500 to $5000 & 6 months suspension to revocation |
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Occurs when a broker fails to disclose information to a party to whom the broker has such duty and that is material to their decision |
Concealment |
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Occurs when a broker forms a scheme or design with another person with the intent to be |
Conspiracy |
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Occurs when a broker uses the funds or other property that belongs to another for their personal use |
Conversion |
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Occurs if a broker operates in a reckless careless or excessively negligent manner |
Culpable negligence |
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A form of conversion that occurs when a broker doesn’t or will not produce money or property that belongs to another from a normal course of business |
Failure to account |
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A mistake or an omission of facts can lead to fraud if statements are intentional or relied upon |
Misrepresentation |
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True or false a broker can render an oral or written opinion of title |
False to do so would be considered practicing law and it's beyond the scope of a real estate license |
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True or false contest or lotteries where no purchase is required is permissible |
True |
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Disciplinary Penalties include |
Reprimand, Fine, Probation, Suspension, Revocation and Denial |
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Minimum penalty of criticism from the Commission |
Reprimand |
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fine of up to $5,000 imposed by the commission |
Administrative Fine |
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90 days conditional arrangement allowing licesee to continue practicing if they complete specified requirements |
Probation |
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Temporary penalty that the Commision can apply for ten years |
Suspension |
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Permanent removal of license |
Revocation |
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Entity that handles adminstrative, investigation and prosecution of complaints in disiplinary proceedings between FREC and DBPR |
The Department of Real Estate (DRE) |
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Licensees must report convictions within _ days |
30 days |
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Failure to inform the Commission of convictions can lead to ____ or _____ of a license |
Suspension or Revocation |
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First offense fine for not disclosing a conviction is |
$500 to $2500 |
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Additional offense of not disclosing or reporting convictions is |
$1000 to $5000 |
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Broker offices are visited by the DRE every |
3 to 5 years |
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True or false the Division can issue notices of noncompliance or citations to dispose of minor violations |
True |
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The ___ can issue a Notice of Noncompliance |
Division |
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Licensee's have _ days after receiving a Notice of Complaince to correct the violation |
15 |
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A ___ can be issued for specified violations when there is no substancial threat to public health or safety |
Citation |
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A licensee may accept a citation penalty and pay the fine or go through |
a formal hearing process |
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If a citation is disputed in _ days it becomes final order |
30 days |
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The disciplinary process is made up of CIPAFFJ |
Complaint, Investigation, Probable Cause, Administrative Complaint, Formal Hearing, Final Order, Judicial Review |
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True or False, The Division handles real estate related complaints made against both licensed and unlicensed people |
True |
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A complaint analyst reviews the complaint form or letter that describes the alleged violation to determine if the complaint is __ |
Legally sufficient |
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True or False, The Commission considers mediation to be an acceptable method of dispute resolution for certain legally sufficient complaints |
True |
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If a complaint is legally sufficient the complaint is sent to the enforcement section of the |
Division |
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True or false the investigator cannot issue a subpoena but must request a subpena from the department |
True |
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At the conclusion of the investigation, the investigator submits a ____ to the DRE |
Report |
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True or False after investigation of a complaint involving an unlicensed individual the investigator can issue a cease-and desist order |
True |
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The __ or the ___ have the authority to file an injunction in circuit court to enforece a cease andesist order |
Department and the DRE |
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The investigation report of an unlicensed individual is forwarded to the |
Office of General Counsel |
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If a complaint is found to be of immediate and serious danger to the safety and welfare of the public the Secretary of the Department can order a |
Summary of Emergency Suspension, which immediately suspends the license |
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If there are no disputes over facts a___ blank hearing occurs |
Informal |
